Sec. 6. Promoting conduit hydropower projects
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/bill/113/s/545/rs/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended— by redesignating subsections
(c)through
(e)as subsections
(d)through (f), respectively; by striking and all that follows through the end of subsection
(b)and inserting the following: Sec. 30. In this section: The term conduit means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated— for the distribution of water for agricultural, municipal, or industrial consumption; and not primarily for the generation of electricity. The term qualifying conduit hydropower facility means a facility (not including any dam or other impoundment) that is determined or deemed under subsection (b)(2)(D) to meet the qualifying criteria. The term qualifying criteria means, with respect to a facility, that— the facility is constructed, operated, or maintained for the generation of electric power and uses for the generation only the hydroelectric potential of a non-federally owned conduit; the facility has an installed capacity that does not exceed 5 megawatts; and on or before the date of enactment of the Hydropower Improvement Act of 2013 , the facility is not licensed under, or exempted from the license requirements contained in, this part. A qualifying conduit hydropower facility shall not be required to be licensed under this part. Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct the qualifying conduit hydropower facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria. Not later than 15 days after receipt of a notice of intent is filed under subparagraph (A), the Commission shall— make an initial determination as to whether the facility meets the qualifying criteria; and if the Commission makes an initial determination, pursuant to clause
(i)that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A). If, not later than 45 days after the date of publication of the public notice described in subparagraph (C)(ii)— an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets the qualifying criteria; or no entity contests whether the facility meets the qualifying criteria, the facility shall be considered to meet the qualifying criteria. Subject to subsection (d), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power that the Commission determines, by rule or order— uses for the generation only the hydroelectric potential of a conduit; and has an installed capacity that does not exceed 40 megawatts. ; in subsection
(d)(as redesigned by paragraph (1)), by striking subsection
(a)and inserting subsection
(c); and in subsection
(e)(as so redesignated), by striking subsection
(a)and inserting subsection
(c). Section 210(j)(3) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(j)(3) ) is amended by striking section 30(c) and inserting section 30(d) . Section 405(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2705(d) ) is amended in the first sentence— by striking subsections
(c)and
(d)each place it appears and inserting subsections
(d)and
(e); and by striking subsection
(a)of such section 30 and inserting section 30(c) of that Act . Section 3401(a)(2) of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 7178(a)(2) ) is amended by striking 30(e) and inserting 30(f) . Section 242(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15881(b)(3) ) is amended by striking section 30(a)(2) of the Federal Power Act ( and inserting 16 U.S.C. 823a(a)(2) ) section 30(a) of the Federal Power Act (16 U.S.C. 823a(a)) .
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- 16 USC 824a–3(j)(3)
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Sec. 6
Promoting conduit hydropower projects
Cite16 USC 824a–3(j)(3)
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